Back in early 2017, I had a post about the FBI’s use of FISA warrants for surveillance of the Trump campaign’s activities leading up to the election and during the transition to the presidency. I also included media references with it, as I explained broadly what the FISA court and warrants are all about.

Now that the memo that is supposedly a summary of the timeline of the pre-Muller investigation into Team Trump’s activities that contains elements of the justification for the FISA warrants to include a paid dossier that has had its credibility thoroughly trashed is scheduled to be released, I’ve been noticing lots of attempted preemptive damage control in the press. The frenzy of stories written with the intent to trash the credibility of the memo before it has even seen the light of day is rather breathtaking, and it stokes my curiosity.

Anything I say here about the memo is purely conjecture until I can see it. But if it has in it what I’ve heard is in it and the damming elements of it are true, Democrats and the press have a serious problem with defending the indefensible and trying to keep this investigation alive after nearly every subject of it has had their rights violated. There are established rules of evidence, and one of those is that the FBI has to follow the law in obtaining the warrant from the FISA court for their surveillance of Team Trump. If the FBI broke the law by using the dossier to obtain the warrant, none of the evidence gathered that way can be used. The Trump team could be as guilty as sin and it doesn’t matter because it’s really hard to prove a crime when the majority of evidence against the accused is inadmissible.

My guess is that Comey will suddenly look like the biggest bumbling incompetent on the planet and his firing will seem as hardly a just punishment, especially for everyone who is so sure that Trump is the king of corruption.

If all of this is in the memo and is true, it will set Muller up for a graceful exit because there is nothing left for him to do. He has a tough, if not impossible, job even without new facts that may be brought to light by the FIAS memo because his investigation is scoped to collusion. Collusion would require proof that Russians who were connected to Trump stole the data in question, and that the Trump team were involved in planning the heist, and that they had control or influence over how the data were used; none of which is supported by publically available information that points to Team Trump not having knowledge of the stolen data until well after the heist. If evidence in the case for any one of those three things needing to be proved were covered under the FISA warrant, it’s well past time to stick a fork in it. It’s done. Anything more is simply rogue spooks running amuck investigating a crime that can never be proved without a warrant, and we don’t do that.

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